C.A.P. v. HHS - DTaP, encephalopathy (2019)
Case summary [AI summaries can sometimes make mistakes]
On November 29, 2004, Chris and Ellena Prokopeas, parents of C.A.P., a minor born December 6, 2001, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that C.A.P. received DTaP, Hib, IPV, Prevnar, and Hep B vaccines on February 5, 2002, April 9, 2002, July 22, 2002, and September 24, 2002, which caused him to develop encephalopathy.
Initially, the petition was part of the Omnibus Autism Proceeding (OAP), alleging autism. After the OAP test cases were decided against petitioners, they amended their petition in 2011 to allege Table encephalopathy and an off-Table causation-in-fact theory.
This case was the last OAP-rooted case remaining in the Office of Special Masters. Special Master Hastings issued a Ruling on Factual Issues on June 14, 2017, making factual findings adverse to petitioners.
The case was reassigned to Chief Special Master Dorsey after Special Master Hastings retired. In 2018, petitioners sought to amend again to allege a mitochondrial metabolism disorder, but mitochondrial DNA testing showed no clinically significant variants and was interpreted as normal.
The final decision, issued by Chief Special Master Dorsey on June 18, 2019, dismissed the petition. The Special Master found that C.A.P.'s contemporaneous medical records did not demonstrate the acute encephalopathy required for a Table injury; his post-vaccination symptoms were a mild febrile reaction, and he was generally described as "happy and playful." The off-Table causation theories presented by Dr.
Bellanti (allergic/immune-mediated reactions) and Dr. Corbier (vaccine preservatives and adjuvants) were rejected because the medical records did not document any allergic reaction, encephalopathy was not documented until over a year post-vaccination, and a later note attributed C.A.P.'s symptoms to "post-concussion syndrome" following a head injury.
The mitochondrial disorder theory lacked genetic testing support. Petitioners did not satisfy any of the three Althen prongs for causation-in-fact.
The petition was dismissed for insufficient proof. The court acknowledged the petitioners' "remarkable patience and dedication" over nearly fifteen years of litigation.
Petitioners were represented by Curtis Webb, and respondent was represented by Voris Johnson. Chief Special Master Nora Beth Dorsey issued the final decision.
Theory of causation
Petitioners alleged that DTaP, Hib, IPV, Prevnar, and Hep B vaccinations administered on February 5, April 9, July 22, and September 24, 2002, caused C.A.P. to develop encephalopathy, initially as part of the Omnibus Autism Proceeding, and later alleging Table encephalopathy and off-Table causation-in-fact. Petitioners also later alleged a mitochondrial metabolism disorder. Chief Special Master Dorsey dismissed the petition, finding that contemporaneous medical records did not support acute encephalopathy for a Table injury, as C.A.P. exhibited only mild febrile reactions and was described as happy and playful post-vaccination. Off-Table theories from petitioners' experts Dr. Bellanti (allergic/immune-mediated reactions) and Dr. Corbier (vaccine preservatives/adjuvants) were rejected due to lack of documentation of allergic reactions, delayed encephalopathy diagnosis (over a year post-vaccination), and a conflicting diagnosis of post-concussion syndrome. The mitochondrial disorder theory was unsupported by genetic testing, which showed normal results. Petitioners failed to satisfy the three Althen prongs for causation-in-fact. The decision was issued by Chief Special Master Nora Beth Dorsey on June 18, 2019. Petitioners were represented by Curtis Webb and Voris Johnson represented the respondent. The public decision does not describe the specific mechanism of injury, onset, symptoms, or diagnostic tests beyond the mitochondrial DNA test, nor does it name all experts consulted by the parties.
Source PDFs
USCOURTS-cofc-1_04-vv-01717